Challenges and Predictability of the Field of Criminal Liability in Labor and Social Security Law in Romania

The basis of criminal liability in labor law and social security is the illicit act, the crime, provided as such in the Labor Code or in the normative acts belonging to the field. It harms social values and social relations that arise and develop in connection with certain essential aspects of labor law, namely the conclusion, execution and termination of the individual labor contract, labor conflicts, occupational safety and health, etc. At the same time, criminal liability presupposes the commission of such an illicit act by the person who was obliged to comply with the norm of conduct imposed by the normative act and who commits the act, under the conditions provided for by the incrimination norm. Criminal liability in the field of occupational safety and health is regulated by the Criminal Code, which provides for distinct offenses, which according to the specialized literature1 can be classified according to their subject matter into two categories: offenses committed by persons who have the obligation to take occupational safety and health measures; and offenses committed by persons who have the obligation to comply with these measures.